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Military manual JP 3-28 Page 78 of 164 text: pdf

JP 3-28, page 78

Defense Support of Civil Authorities

Joint Publication: Defense Support of Civil Authorities

29 October 2018 public edition (Wayback JCS copy; S2 cited as JP 328 / JP 3-28 DSCA)

Page 78 of JP 3-28
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Chapter V V-4 JP 3-28 processed by the National Geospatial-Intelligence Agency (NGA) is subject to specific procedures covering the request for its use. Judge advocates, intelligence, and inspector general personnel should ensure imagery collection and processing is in compliance with NGA policy on requests for geospatial data or imagery and its authorized use. Additionally, DODI 3115.15, Geospatial Intelligence (GEOINT), requires mandatory security classification review of all data collected by airborne sensor platforms to determine whether it can be disseminated. Additionally, these intelligence oversight rules also apply to other sources of domestic imagery. Any domestic imagery captured must be accomplished IAW NGA National System for Geospatial-Intelligence Manual FA 1806, Domestic Imagery. Strict compliance with this regulatory document is necessary to ensure compliance with current intelligence oversight programs. (4) When determining what types of DOD capabilities, assets, and products are required for a DSCA mission, planners need to also understand the various intelligence collection platforms, their sensors, and how they operate. Issues to consider include whether the sensor is fixed or moveable; whether the platform with the sensor can have its course altered during a mission; how the data is collected, transmitted, and processed; and the specific purpose of its mission. For example, an unmanned aircraft system (UAS) may transmit data by live feed only to a line-of-sight receiver or by satellite to a remote location. Additionally, units with weapon system video and tactical intelligence collection capabilities may collect imagery during formal and continuation training missions as long as the collected imagery is not for obtaining information about specific US persons or private property. Collected imagery may incidentally include US persons or private property without consent. For example, imagery could be collected of a private structure so the imagery can be used as a visual navigational aid or to simulate targeting during training. However, imagery may not be collected for the purpose of gathering any specific information about a US person or private entity, without consent, nor may stored imagery be retrievable by reference to a US person’s identifiers. It is important to understand the distinction between visual information activities and other collection activities. Information documented under the auspices of visual information activities (such as still and motion imagery and video documentation in support of intelligence) support a variety of purposes. When collecting information specifically for one of these purposes, adhere to separate distinct policies, regulations, and rules. For further information on excluded activities, see DODI 5040.02, Visual Information. It is also important that DOD intelligence personnel assigned to support a DSCA mission understand the roles and responsibilities of interagency partners, as well as the assets, platforms, and analytical capabilities available through state and federal government organizations. Communication and collaboration between DOD intelligence personnel and personnel from other agencies and organizations during a domestic response are essential in developing unity of effort and eliminating duplicative operations. Evidence of a criminal act incidentally collected during an authorized mission using DOD intelligence capabilities shall be forwarded to the appropriate LEA. However, altering the course of an airborne sensor from an approved collection track to loiter over suspected criminal activities would no longer be incidental collection and could result in a PCA violation unless specifically approved in advance. Certain data contains classified metadata which may need to be stripped at a remote site before it can be disseminated in an unclassified manner. A DSCA operation using DOD capabilities, which includes support to LEAs, will require a separate mission authority